Thursday, January 10

Issue of Flip Flopping: Stable Judicial System?

Many of you have probably heard of the latest issue on flip flopping of the Supreme Court. As mentioned in my previous posts, flip flopping is the term used to refer to the changes made by the Justices of the Highest Court in the Country about the decisions which they have already promulgated.

These decisions have become jurisprudence, thus part of the laws of the land. However, some members of the SC keep on changing the judgments they have rendered as final and executory. Due to this, we are left with a question of "When will we ever achieve stability of Supreme Court decisions?"

For some people, this is not really a big issue. They do not care about whatever happens in the judicial system of our country because they are busy with some other personal things that concern them. It is sad to see some Filipinos choosing to be blind about the flip flopping scheme of the Supreme Court. For them, since they are not the parties involve, they think that they have nothing to do with it. This view is certainly wrong. It is time that each of us take notice of what is happening in our judicial system. It may not directly affect us but believe me or not, there is an indirect advantage.

Below is an excerpt from the Final Statement of Concern (Manifesto) about the reopening of Pioneer Insurance and Surety Corporation vs. Keppel Cebu Shipyard, Inc,  that I need to share to everyone.

We believe that a stable judicial system is the cornerstone of a healthy economic and business environment. Local and foreign investors will be encouraged to invest in a place where they are assured that courts will function normally, will observe the rule of law, and will level the playing field for everyone.

We believe that underlying a stable judicial system is respect for the finality and immutability of judgments, which tells us that, at the risk of occasional errors, litigation must come to an end some time and the winning party must be allowed to enjoy the fruits of his victory.

So, what are my thoughts on this? I know that the Supreme Court has its own discretion in rendering its decisions. The members of the SC can decide on different cases independently. With this judicial power, they are expected to avoid grave abuse of their discretion amounting to lack or excess of jurisdiction. They need to show why they reopen and review cases with final and executory judgments. People need to know the different reasons which compelled them to recheck their decisions. This way, everything is transparent leading Filipinos to develop trust and integrity with the country's judicial system.

7 comments:

  1. I am not surprised that majority of the Filipinos are not into this political issue. I am guilty of this too...or should I say was. Whatever changes the government undergo, but if the people ruling it are still the same, I guess, the effort will seem futile.

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  2. I am not well-conversed when it comes to laws but I think that the Supreme Court should be transparent to every promulgation they enforce so that the people won't be left wondering of what is going on.

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  3. I don't care what the SC is up to, pero for the sake of the masa, please let their actions be transparent.

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  4. I don't have a lot of knowledge when it comes to the Supreme Court changing its decisions time and again even with the already made promulgation. I don't have any background in Political Science and stuff, but all I know is that transparency should be in the hearts and minds of those who are in public service, Justices included.

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  5. I am so sorry Sis :-( I am not familiar in the Philippines law anymore :-( especially the new one :-(

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  6. Nganga ako sa post ninyo.. Hehehe.. It's because I really don't know anything about our laws.. Gaya nga ng sabi nyo po, magulo.. Kaya kung iisipin ko pa 'yan, magkaka-wrinkles lang ako.. Lahat nalang tayong mga Pinoy ganyan ang tanung, pero wala pa ring nangyayari..

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  7. I agree with Ate Rose, the Supreme Court should be transparent. :(

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Let's talk over a cup of coffee.